President also says ‘political guidance’ should be strengthened, during speech at a Politburo study session
Observers say the remarks suggest there could be a further tightening of control over the legal profession
Lawyers in China should consciously “follow and embrace” the leadership of the Communist Party, President Xi Jinping has told a Politburo study session.
He also said the party should strengthen its “political guidance” of lawyers.
“[We should] educate and guide lawyers to consciously abide by the basic requirements of supporting the leadership of the Communist Party and the socialist rule of law in China, and strive to be good lawyers satisfied by the party and the people,” Xi told the meeting in Beijing on Monday, according to official news agency Xinhua.
While it was not the first time China’s president has emphasised the party’s leadership over the legal profession, observers said the call signalled a further tightening of control over lawyers.
Qin Qianhong, a professor at Wuhan University’s school of law, said Xi’s message was consistent with the increased control over lawyers and law firms in recent years.
“Political guidance for lawyers is one of the characteristics of the rule of law in China, a natural requirement that lawyers must work within the political system, to remain loyal and uphold the leadership of the party,” Qin said.
Rights lawyer #LiangXiaojun (梁小军) announced that his law license was revoked.
The rationale given was that he had used domestic & foreign social media platforms and had openly supported Falun Gong and had insulted & smeared the General Principles of the Chinese Constitution. pic.twitter.com/Kqq8x7dBAM
A FOURTH rights lawyer – Liang Xiaojun — who tried to represent one of the #HongKong12 has lost his license. China is targeting suspects, families & lawyers to scrub the system of independent legal defense. Read our new report… https://t.co/VZCQL4cC1Ypic.twitter.com/j3hE4d4O7b
— Safeguard Defenders (保护卫士) (@SafeguardDefend) December 8, 2021
On December 6, PBI-Colombia tweeted: “Attention: Yesterday, December 5, the #DDHH [human rights] organizations accompanied by PBI @Ccajar and @Movicecol victims of state crimes. Urgent progress in investigations into those responsible and guarantees were threatened for political participation.”
‼️ Atención: Ayer 5 de diciembre fueron amenazadas, entre otras, organización de #DDHH acompañada por PBI @Ccajar y víctimas de crímenes de estado @Movicecol ⚠️#Urgen avances en investigaciones sobre responsables y #garantías para la participación políticahttps://t.co/cdiyizMxPI
CCAJAR has also tweeted: “We demand that @FiscaliaCol investigate, prosecute and punish the authors of this pamphlet. Never until today have the so-called ‘Black Eagles’ been identified. There are serious indications that these threats are acts of illegal intelligence from state agencies.”
Exigimos a @FiscaliaCol investigar, juzgar y sancionar a autores de este panfleto. Nunca hasta hoy han sido identificadas las llamadas "Águilas Negras" Existen serios indicios de que estas amenazas son actos de inteligencia ilegal desde organismos estatales @CIDH@ONUHumanRightspic.twitter.com/vNKS2dTBON
El Espectador lists the 20 people named in the pamphlet. And Infobae quotes the pamphlet that states: “We continue with the civic and patriotic work of cleaning our homeland of leftist garbage, environmentalists and human rights defenders who intend to change the government from social networks and through indoctrination to the masses as they could not take power by arms…”
Contagio Radio further reports: “On Sunday morning, a pamphlet was released in which the so-called ‘Black Eagles’ associated with far-right sectors threatened several members of the Historical Pact and Victims’ movements such as MOVICE and the José Alvear Restrepo Lawyers Collective, as well as members of the First Line [Primera Linea].”
Our Day of the Endangered Lawyer online seminar will explore challenges faced by #HumanRights lawyers & the situation of judicial independence in the Colombian legal system. Join us 15:00 to 16:30 Thurs 20 January.
On Sunday, a group of young Afghan lawyers gathered in a Kabul hotel to hold a press conference about the importance of an independent legal profession and respect for the rule of law in Afghanistan. As they prepared to go live, their plans were thwarted by two carloads of armed Taliban.
This was the latest in a series of efforts by the new regime to crack down on the activities of the Afghanistan Independent Bar Association (AIBA), an organization established in 2008 to oversee the licensing of new lawyers, and to champion the rule of law and social justice. On November 14, the Taliban Cabinet decreed that the Ministry of Justice (MOJ) would gain jurisdiction over AIBA affairs. On November 23, the AIBA offices in Kabul were taken over by armed Taliban who threatened the staff and lawyers who were present with violence before ordering them to leave and installing a new president with questionable professional qualifications. “The person appointed as the new AIBA head is said to be part of the Ministry of Justice but has no relevant experience,” according to a Kabul-based JURIST correspondent. These armed forces had apparently interpreted the Cabinet decree to indicate that the MOJ should have sole authority over licensing, as well as control of the AIBA’s extensive member database and bank account.
In an effort to assist the AIBA, the International Bar Association, which had helped establish the besieged organization back in 2008, has appealed to United Nations Secretary-General Antonio Guterres for assistance with protecting the rights and independence of Afghanistan’s legal community.
Driven by a desire to protect their profession and their colleagues, a group of AIBA members organized Sunday’s press event. The group comprised men and women who had studied law and been called to Afghanistan’s bar in the years leading up to the US withdrawal in August. Their careers had been launched during an era of expanding professional possibilities, as well as growing gender equality in terms of educational access and professional opportunities. Together, they hoped the Taliban might be receptive to their pleas regarding the significance of an independent legal profession, sound judicial licensing standards, and the many other qualities that had come to define the organization’s ethos.
They knew when the gunmen arrived that there would be no such receptivity, however. Three days later, most of these lawyers are in hiding from the very authorities they had hoped to convince of the gravity of the rule of law.
JURIST Features Editor Ingrid Burke Friedman spoke with Maruf Hashimi, spokesman for the AIBA advocates’ group, about the press conference and his fears, not only for the safety of Afghanistan’s lawyers and their families, but also for the fate of the country’s legal profession:
"We are working to regain the independence of the AIBA, but we are also deeply concerned about our safety, as well as the safety of our families and our colleagues," leader of #Afghanistan lawyer-activist group tells @JURISTnews amid #Taliban crackdown. https://t.co/HqCB2vi0lm
To @JURISTnews Tuesday from one of our legal correspondents in #Afghanistan: "A new letter from the [Taliban] Ministry of Justice to the Herat Bar, which clearly states that no lawyer has the right to file a case without obtaining permission from the Ministry of Justice." pic.twitter.com/osypM6CHJj
An Afghan lawyer at Sunday's Kabul meeting called to protest the shutdown of the #Afghanistan Independent Bar Association and the shift of licensing to the Ministry of Justice speaks in this video shot just after the #Taliban disrupted the meeting. English translation below. 👇 pic.twitter.com/TDKMuNsGSy
"The lawyers came here today for the right. We had a press conference today and press came. But they (Taliban) do not allow us to speak freely and hold our press conference. The conference was supposed to take place at 10 AM but they did not allow us to do so." @Shabir__Ahmadihttps://t.co/kTjNU4GYzw
IAPL Monitoring Committee on Attacks on Lawyers 